injuria

In the law of torts, injuria means the infringement of a right recognised by law, and damnum means actual loss or harm in money, comfort, health or the like. Liability in tort turns on injuria, not on damnum.

The two maxims that follow from this are basic exam material. Injuria sine damno: violation of a right without actual loss is actionable, as in trespass or the refusal of a vote. Damnum sine injuria: loss without the violation of a legal right is not actionable, as when a competitor opens a rival shop and takes away one's customers. The everyday word “injury” (physical harm) should not be confused with injuria in this technical sense.

Example

Walking across another's lawn without permission is injuria, even though it causes no damage at all.

See also

injuria sine damno · damnum sine injuria · tort · ubi jus ibi remedium

Read more in the study notes

• Liability: theory, conditions, the wrongful act, damnum sine injuria and causation (Jurisprudence)
• Drafting a memorandum of understanding, petitions and PIL (Business Communications)
• Articles 32 and 226: constitutional remedies, the writs and PIL (Constitutional Law I)
• Presumptions in statutory interpretation (Interpretation of Statutes and Principles of Legislation)
• Public interest litigation: origins, doctrine and limits (Judicial and Legislative Process)
• Employees' compensation: history, definitions and the employer's liability (Labour and Industrial Law II)